EXTRACT FROM THE GAZETTE OF THE SITTING OF THE PREZIDIUM OF THE CONSTITUENT ASSEMBLY

31 December 1920

The discussed issue:

(…)

3)  Notification N 232 of the Constitutional Commission of 26 December of this year and attached draft “On Regulations of the Autonomous Management of Abkhazia” – elaborated by the Small Constitutional Commission.

Information: the given draft hasn’t been considered yet by the Constitutional Commission and it hasn’t elaborated the final conclusions.

The draft was submitted to the Presidium in a form of information.

Decision:

To take as information the draft elaborated by the Small Constitutional Commission.

Chairman Al. Lomtatidze

Secretary: K. Japaridze

Head of Chancellery (signed) Al. Zurabishvili

(Central State Historical Archive of Georgia, f. 1833, desc. 1, file 713, p. 369)

 

REGULATIONS on autonomous management of Abkhazia

Before adoption of the Constitution of the Republic the Constituent Assembly of the Republic of Georgia is publishing the interim Regulations on management of Abkhazia.

1. Abkhazia – from the River Mekhadir and Black Sea shore to the Caucasus Chain is indivisible part of Georgia and exercises autonomous management of its internal affairs within this territory.

2. The Autonomous Abkhazia shall have its local legislative organ – People’s Council elected on the basis of universal, direct, equal suffrage by secret ballot for the term of two years by the citizens of both sexes.

3. The autonomous state authority of Abkhazia applies to the lands and ownership and to the citizens residing there with respect of the common laws of the Republic.

4. The autonomous management of Abkhazia shall cover the following matters:

a) local finances, taxes, credits.

b) public education – primary, secondary and high education; cultural activity.

c) local public and civil management.

d) mediating judges.

e) maintenance of public order and personal security;

f) administration.

g) public health, medicine, veterinary.

h) local transportation and roads.

i) approval of budget, estimate of local expenditure;

j) expropriation of private property for the public cultural needs in pursuance to the common laws of the Republic.

k) the matters under the competence of the  Abkhaz People’s Council in accordance to the law.

1) Besides the matters specified for in Article 4:

 The autonomous Government of Abkhazia shall independently decide the issues of introducing the norm for the land ownership and of determination of forms for socializing the state land fund.

6. All the lands of local significance, valuable estates, forest, mineral waters and water-energy facilities under 10 000 horse-power shall be under the management of the Autonomous Abkhazia.  The land and forest of common-state significance, Gagra climatic station and the water energy facilities over 10 000 horse-power shall remain as a state property.  The land bowels, in accordance with the common-law of the Republic shall be under the entire management of the state.

7. The state language in Abkhazia shall be Georgian, but the People’s Council may introduce the local language as a language of communication at the autonomous institutions.

8.  The Rights and responsibilities, as well as civil freedom shall be secured by the Constitution of the Republic and the laws.

9. The  People’s Council of Abkhazia and the Commissariat shall have the right to appoint, displace or dismiss the officials at the local institutions.  The priority in appointing the officials at the common-state institutions shall be given to the local residents.

10. Abkhazia shall represent the separate electoral district at the elections to the legislative organ of Georgia. Abkhazia shall be represented in that organ on the basis of proportionate representation.

11. The members of the People’s Council of Abkhazia, representatives of the executive power and the officials of the institutions of the autonomous Abkhazia shall take the oath on dedication to the Constitution of the Republic of Georgia.

12.  The  People’s Council of Abkhazia shall consist of 30 members.

13.  The  People’s Council of Abkhazia shall determine its composition and peruse the Regulations elaborated by it.

14. The  People’s Council of Abkhazia shall examine the legality of the elections and approve it.

15. The member of the  People’s Council of Abkhazia l shall not be prosecuted for the visions and ideas expressed by them while exercising their function. A member of the People’s Council is inviolable.  A member of the People’s Council shall not be detained or prosecuted without consent of the People’s Council, unless he is caught in the act of committing a crime.

16. A member of the People’s Council shall get the remuneration in amount determined by the People’s Council.

17. The issues relating to the convocation and dissolution of the People’s Council, as well as the term of sessions and the Regulations on the executive organ shall be determined by the People’s Council.

18.  The member of the People’s Council shall not take any position by the executive organ.

19. The sittings of the People’s Council shall be public.  The people’s council may close the session for discussing of certain issues.

20. The initiative of the local legislation shall be vested in electors, people’s Council and in the Commissariat.  The procedure for initiating the law shall be determined by the People’s Council.

21. The Commissariat of Abkhazia shall be the Executive organ of the Autonomous Abkhazia.  The members of Commissariats shall be elected by the People’s Council.

22. The members of the Commissariat are accountable and responsible to the People’s Council.

23. The laws adopted by the People’s Council shall be published by the Senate of the Republic of Georgia.

24. For the purpose of filling the budget, the autonomous government of Abkhazia has the right to use the part of common-state taxes.  It also takes the part of income from concessions issued on the territory of Abkhazia.

25. The general or partial revision of the Regulations may be initiated by the Parliament of Georgia and the People’s Council of Abkhazia.  The process of revision and its approval shall be carried out by the Parliament of Georgia in accordance to the rules established by the law.

       (31 December 1920)     

(Tamaz Nadareishvili, David Chitaia, Paata Davitaia, Problem of Separatisms in Georgia (History and Present), book 1. Tb., 2003, p. 466-469/in Georgian; Central State Historical Archive of Georgia, f. 1833, desc. 1, file 863, p. 93-95; ibidem, file 827, p. 1-3)